The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (ten months of imprisonment) of the original judgment is too unreasonable.

2. The judgment of the court below seems to be somewhat inappropriate in full view of the defendant's age, character and conduct, occupation and environment, background and result of the crime, etc., as well as various sentencing factors in the instant case, such as the defendant's age, character, and environment, circumstances after the crime, etc., are considered to be less than 145 million won, but it is found that the defendant's intention and mistake are against the defendant, the defendant did not have any history of punishment for the same kind of crime, the defendant did not have any history of punishment, and the defendant made efforts to repay the amount of damage, such as agreement between the victim and the remaining amount of damage, since some of the amount of damage was paid at the court below.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);